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KEYWORDS

December 29, 2008

An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute's specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable."

Attorneys' Fees Awards: No License to Pickpocket

December 29, 2008

It is generally thought that a contract provision awarding attorneys' fees to a prevailing party will be enforced. The most recent saga in the Domino's system's equipment dispute confirms this principle, but, at the same time, suggests that courts will, when appropriate, restrict the amount of the award.

New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions

December 29, 2008

The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.

Real Property Law

December 24, 2008

Analysis of recent rulings.

Landlord & Tenant

December 24, 2008

Commentary on the latest cases.

Eminent Domain

December 24, 2008

A recent important case.

Development

December 24, 2008

A look at recent rulings of importance.

Index

December 24, 2008

Everything contained in this issue, in an easy-to-read format.

Federal Appeals Court Upholds Lis Pendens Law

December 24, 2008

The United States Court of Appeals for the Second Circuit in Diaz v. Patterson, 547 F. 3d 88, has rejected a due-process challenge to a New York law that allows a person who brings or plans to bring a lawsuit claiming an interest in real property to file a lis pendens against the property. The lis pendens is a document, filed in the office of the clerk of the county where the property is located, which serves to notify potential purchasers of claims against the property.

What Your Firm Can Learn from Toyota

December 23, 2008

Any adjustments we can make to our management style using LEAN processing techniques can significantly beef up a firm's bottom line.

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